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Myth: "I can use this music for free because I found
it on the internet".
Fact: No. All music found on the internet is under copyright,
unless it specifically states otherwise. In fact, even if it does specifically
state otherwise, this statement is probably wrong. (Meaning that the music
is probably actually under copyright even if the web site where you found
it says that it isn't).
Myth: "I can use this music for free because
the composer is dead."
Fact: No. The copyright in a music composition lives for
many years after the composer has died. The number of years vary from country
to country, but is generally around 50-75 years from the death of the composer.
And even then, you can't just take a recording of that music and use it as
you wish, becasue there are two copyrights in every musical recording: A copyright
in the composition, and a copyright in the recording.
The copyright in the recording never expires.
Myth: "Nobody will care if I bend the rules,
because I'm just a small fish".
Fact: Quite the opposite. Copyright owners have in recent
years specifically targeted "small fish" companies
and persons with lawsuits, as they are keen to show a zero tolerance
policy on misuse of copyrighted music.
Myth: "As long as I don't use more than
10 seconds, it is legal."
Fact: No. There is no length of music use,
be it performance, copying, sampling or any other use, for which you don't
need to clear the music rights. There are rumours that say it's okay if it's
under 30 seconds, or under 7 seconds, etc. The fact is, there is no
such time limit.
Myth: "As long as I don't make money on
my project, it's okay to use copyrighted music."
Fact: No. When you are using uncleared / copyrighted music
in your project, even if it's a free web site, a free game, a free home video
or any other project in which other people will be able to hear the music,
you need to clear the music, even though you are not making a cent on the
project. The issue here is that you are enabling other people to hear
music that they didn't purchase. Therefore you are breaking copyright
law, no matter if your project is free or paid-for.
"But how about radio stations? They also enable people to hear music
that they didn't purchase!"
Radio stations pay an annual license fee for their rights to broadcast music.
The license they pay depends on how many people their radio station can reach.
Parts of this license fee is paid to the music composers and publishers.
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